[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Proposed Rules]
[Pages 40947-40953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19563]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD057/71/98/115-3074; FRL-7025-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Rate of Progress Plans and Contingency Measures for the 
Baltimore Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Maryland. These revisions establish 
the three percent per year emission reduction rate-of-progress (ROP) 
requirement for the period from 1996 through 2005 for the Baltimore 
severe ozone nonattainment area (the Baltimore area). In conjunction 
with the ROP plans for Baltimore, EPA is also proposing to approve the 
plans' contingency measures for failure to meet ROP. EPA is approving 
these revisions in accordance with the requirements of the Clean Air 
Act.

DATES: Written comments must be received on or before September 5, 
2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103 
and the Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, (215) 814-2092, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

    The Clean Air Act (the Act) requires that for certain ozone 
nonattainment areas, states are to submit plans demonstrating a 
reduction in volatile organic compound (VOC) emissions of at least 
three percent per year, grouped in consecutive three year periods, 
through the area's designated attainment date. This is known as the 
rate-of-progress requirement of the Act. The first ROP requirement 
covers the period 1990-1996 and is commonly known as the 15 Percent 
Plan. Subsequent ROP milestone years are grouped in three year 
intervals beginning after 1996 (i.e., ROP milestone years for Baltimore 
are 1999, 2002, 2005). Section 182(c)(2)(C) of the Act allows states to 
substitute nitrogen oxides ( NOX) emission reductions for 
VOC emission reductions in post 1996 ROP plans. To qualify for SIP 
credit in ROP plans, emission reduction measures, whether mandatory 
under the Act or adopted at the state's discretion, must ensure real, 
permanent and enforceable emission reductions.
    Under the Act, the post 1996 ROP plans were due by November 15, 
1994. However, on March 2, 1995, EPA issued a policy memorandum 
establishing an alternative approach for meeting the attainment 
demonstration and post 1996 ROP requirements of the Act. This policy 
memorandum established a phased approach for the submittal of the 
attainment demonstration. In the first phase (the Phase I plan), states 
were to submit a plan with specific control measures demonstrating at 
least the first 9 percent ROP reduction for 1999; interim assumptions 
or modeling about ozone transport; and enforceable commitments to:
    (1) Participate in a consultative process to address regional 
transport;
    (2) Adopt additional control measures as necessary to attain the 
ozone national ambient air quality standard; and
    (3) Identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard.
    In the second phase of this approach (the Phase II plan), states 
were to submit modeling and plans to show attainment through local and 
regional controls. For severe ozone nonattainment areas such as 
Baltimore, the Phase II plan was also to identify the measures needed 
to demonstrate ROP through the 2005 attainment year. States were to 
phase-in adoption of rules and implement measures to meet ROP beginning 
in the period immediately following 1999 and provide for timely 
implementation of progress requirements.
    Section 172(c)(9) of the Act requires moderate and above ozone 
nonattainment areas to adopt contingency measures to be implemented 
should the area fail to achieve ROP or to attain by its attainment 
date. In addition, section 182(c)(9) of the Act requires serious and 
above areas to adopt contingency measures which would be implemented if 
the area fails to meet any applicable milestone. States are required to 
develop contingency measures in the event an area fails to meet ROP in 
a given milestone year.
    Under EPA's transportation conformity rule, like an attainment 
plan, an ROP plan is referred to as a control strategy SIP (62 FR 
43779). A control strategy SIP identifies and establishes the motor 
vehicle emissions budgets (MVEBs) to which an area's transportation 
improvement program and long range transportation plan must conform. 
Conformity to a control strategy SIP means that transportation 
activities will not produce new air quality violations, worsen existing

[[Page 40948]]

violations, or delay timely attainment of the national ambient air 
quality standard. Maryland is required to identify motor MVEBs for both 
NOX and VOCs in the Baltimore ROP plans for all milestone 
years.
    On March 2, 1999, the D.C. Circuit Court ruled that MVEBs contained 
in submitted SIPs cannot be used for conformity determinations until 
EPA has affirmatively found them adequate. Please note that an adequacy 
finding for MVEBs contained in a submitted control strategy SIP is 
separate from EPA's completeness determination of the SIP submission, 
and separate from EPA's action to approve or disapprove the SIP. 
Therefore, even if the MVEBs in a submitted control strategy SIP have 
been found adequate for conformity purposes, the SIP itself could later 
be disapproved. The process for determining the adequacy of submitted 
SIP budgets is provided in a guidance memorandum dated May 14, 1999 and 
titled ``Conformity Guidance on Implementation of March 2, 1999 
Conformity Court Decision.'' You may obtain a copy of this guidance 
from EPA's conformity website: http://www.epa.gov/oms/traq (once there, 
click on the ``Conformity'' button). The criteria by which EPA 
determines whether a SIP's MVEBs are adequate for conformity purposes 
are found at 40 CFR 93.118 (e) (4). Final approval or disapproval of 
MVEBs occurs in conjunction with final approval or disapproval of the 
control strategy SIP which identifies and establishes those budgets.
    The attainment date for the Baltimore severe ozone nonattainment 
area is 2005. This rulemaking addresses the SIP revisions submitted by 
the Maryland Department of the Environment (MDE) to satisfy the post 
1996 ROP requirements of the Act for the Baltimore ozone nonattainment 
area. In this rulemaking, EPA is proposing to approve Maryland's plans 
demonstrating ROP in the Baltimore nonattainment area through the 2005 
attainment year. Also as part of this rulemaking, EPA is proposing to 
approve the contingency measures that were submitted with the Baltimore 
ROP plans.

II. Maryland's SIP Revisions

    Although Maryland's SIP revision submittals for the Baltimore Phase 
I and Phase II plans, discussed below, also included Phase I and Phase 
II plan revisions for the Maryland portion of the Philadelphia-
Wilmington-Trenton ozone nonattainment area (Philadelphia area) and 
revisions for the Maryland portion of the Metropolitan Washington, DC 
ozone nonattainment area (the Washington, DC area); this proposed 
rulemaking pertains only to the post 1996 ROP plans for the Baltimore 
area. Also as part of this rulemaking, EPA is proposing to approve the 
plans' contingency measures for the Baltimore area that were submitted 
in conjunction with the ROP plans. The attainment demonstration plan 
portion of Phase II plan for Baltimore is the subject of a separate 
rulemaking. Likewise, the Phase I and Phase II plans SIP revisions 
submitted by MDE pertaining to the Philadelphia and Washington, DC 
areas either are or have been the subject of separate rulemakings.
    Under the phased approach, MDE submitted the Phase I plan for the 
Baltimore area on December 24, 1997 and the Phase II plan on April 24, 
1998, with a supplemental submittal on August 18, 1998. MDE 
subsequently revised portions of both its Phase I and Phase II plan 
submittals for the Baltimore area and submitted those revisions to EPA 
as SIP revisions on December 21, 1999 and December 28, 2000. 
Descriptions of the submitted SIP revisions related to the ROP plans 
for the Baltimore area are provided below.
    On December 24, 1997, Maryland submitted a SIP revision for the 
Phase I plan for the Baltimore area. Maryland's December 24, 1997 Phase 
I plan submittal contained:
    (1) The first nine percent ROP demonstration for the 1999 milestone 
year;
    (2) Corrections to the 1990 base year emissions inventories;
    (3) Revisions to the 15 Percent plan for Baltimore; and
    (4) Enforceable commitments to address the first phase of the 
attainment plan.
    On April 24, 1998, MDE submitted a SIP revision for the Phase II 
plan for the Baltimore nonattainment area. EPA asked MDE to submit 
additional technical information for the Phase II plan. MDE submitted 
the Phase II supplement on August 18, 1998. The Phase II plan contained 
the 2005 attainment demonstration and the ROP demonstrations for 
milestone years 2002 and 2005. The Phase II plan also contained 
additional information and revised mobile emissions modeling for the 
December 24, 1997 Phase I ROP submittal. Specifically for the Baltimore 
nonattainment area, the Phase II plan SIP revision requested that the 
chapter on conformity, including MVEBs, and Appendix E, including the 
target levels, emission estimates, projection year estimates and 
reduction credit estimates for 1999 contained in the original Phase I 
plan be replaced by the information contained in the Phase II plan 
submittal.
    On December 3, 1999, MDE submitted a draft SIP revision to EPA for 
parallel processing. On December 21, 1999, MDE submitted the formal SIP 
revision. This SIP revision modified the Phase II plan for the 
Baltimore nonattainment area. Specifically, this SIP revision revised 
the MVEBs for the Baltimore nonattainment area for the ROP milestone 
years 2002 and 2005. EPA determined these MVEBs adequate for use in 
conformity determinations on February 15, 2000. That determination 
became effective on March 8, 2000 (see 65 FR 8701 published February 
22, 2000).
    On December 28, 2000, MDE submitted a SIP revision again modifying 
the Phase II plan for the Baltimore nonattainment area. This plan 
revision modified the attainment demonstration plan's MVEBs (for 2005) 
to reflect the emission reduction benefits of the Federal Tier 2/
Sulfur-in-Fuel regulation. This revision was required because the 
attainment demonstration plan for the Baltimore area, for which EPA 
proposed approval on December 16, 1999 (64 FR 70397), includes emission 
reduction benefits from the Federal Tier 2/Sulfur-in-Fuel regulation. 
EPA determined these MVEBs adequate for use in conformity 
determinations on June 19, 2001. That determination became effective on 
June 20, 2001 (see 66 FR 35421 published July 5, 2001).
    The ROP plans that are the subject of this proposed rulemaking do 
not include emission reduction benefits from the Federal Tier 2/Sulfur-
in-Fuel regulation as those reductions are not necessary to demonstrate 
ROP. Consequently, the MVEBs identified and established in these ROP 
plans do not reflect the emission reduction benefits of the Federal 
Tier 2/Sulfur-in-Fuel regulation. It must be noted, therefore, that for 
the year 2005, the more restrictive MVEBS established and identified in 
revised attainment demonstration plan submitted by MDE on December 28, 
2000 (and found adequate by EPA on June 19, 2001), are the applicable 
MVEBs to be used in transportation conformity demonstrations for the 
Baltimore area.
    However, Maryland's December 28, 2000 submittal did revise the 
Baltimore ROP demonstrations for the milestone years 2002 and 2005. 
During the review of the revisions to the ROP plans contained in the 
December 28, 2000 SIP submittal, EPA requested additional technical 
support documentation from MDE. The MDE submitted this additional 
technical support to EPA on

[[Page 40949]]

July 2, 2001. This information has been added to the docket for this 
proposed rulemaking and includes:
    (1) Rule effectiveness adjustments to several stationary source 
control measures;
    (2) Adjustments to the VOC and NOX target levels for 
1999, 2002 and 2005 to account for the application of rule 
effectiveness on certain stationary source control measures; and
    (3) Revisions to the emission reduction benefits from Maryland's 
auto body refinishing rule, NOX RACT rule, NOX 
Budget rule (based upon the Ozone Transport Commission's model rule to 
require additional NOX reductions, beyond RACT, from certain 
major sources beginning in May of 1999) and its NOX SIP Call 
rule. The revised emission reduction benefits reflect the final state-
adopted regulations for these control programs.

III. EPA Evaluation of Maryland's Submittals

A. Rate-of-Progress Plans

    (1) Calculation of Needed Reductions--The first step in 
demonstrating ROP is to determine the target level of allowable 
emissions for each ROP milestone year. The target level of emissions 
represents the maximum amount of emissions that can be emitted in a 
nonattainment area in the given ROP milestone year, which in this case 
is 1999, 2002 or 2005. The Act allows states to substitute 
NOX emission reductions for VOC emission reductions in post 
1996 ROP plans. The required ROP is demonstrated when the sum of all 
creditable VOC and NOX emission reductions equal at least 3 
percent per year grouped in three year periods (i.e., 1996-1999), or 
for a total of 9 percent. If a state wishes to substitute 
NOX for VOC emission reductions, then a target level of 
emissions demonstrating a representative combined 9 percent emission 
reduction in VOC and NOX emissions must be developed for 
that milestone year.
    The attainment demonstration modeling for the Baltimore area 
establishes that NOX reductions are necessary to bring the 
area into attainment. EPA proposed to approve the attainment 
demonstration for the Baltimore area in the Federal Register on 
December 16, 1999. Because NOX reductions are necessary for 
attainment, Maryland is also using NOX reductions to 
demonstrate ROP in the Baltimore area. MDE developed NOX 
target levels to account for the NOX substitution. The 
process for calculating the target levels is as follows:
    (a) Develop the base year emissions inventories for NOX 
and VOCs.
    (b) Develop the 1990 ROP base year inventory (for VOCs only by 
subtracting biogenic emissions and sources located outside the 
nonattainment area from the base year inventory).
    (c) Calculate the 1990 adjusted base year inventories (this part 
excludes from the baseline the emissions that would be eliminated by 
the Federal Motor Vehicle Control Program (FMVCP) and Reid Vapor 
Pressure (RVP) regulations promulgated prior to enactment).\1\
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    \1\ Section 182(b)(2)(B) of the Act defines the baseline year of 
emissions as ``the total amount of actual VOC and NOX 
emissions from all anthropogenic sources in the area during the 
calendar year of enactment of the Clean Air Act amendments. This 
section prohibits from the baseline the emissions that would be 
eliminated by the FMVCP regulations promulgated by January 1, 1990, 
and the RVP regulations promulgated by the time of enactment.
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    (d) Calculate the 3 percent per year reduction required to 
demonstrate ROP for each consecutive three year milestone interval 
(multiply the adjusted base year inventory by 0.09). The ROP milestone 
years are 1999, 2002 and 2005.
    (e) Calculate the fleet turnover correction term for the three year 
period. The fleet turnover correction is the difference between the 
FMVCP/RVP emission reductions calculated in step #3 and the previous 
milestone year's FMVCP/RVP emission reductions.
    (f) Calculate the target level of emissions for the milestone year, 
by subtracting #4 and #5 from the previously established target level 
for the area. For the 1999 milestone year, the VOC target level for 
1996 was established in the 15 Percent plan. For NOX, there 
is no 1996 target level, so the 1999 target level is calculated from 
the NOX base year inventory.
    Tables 1 and 2 below summarize the target level calculations for 
both NOX and VOCs for the 1999, 2002 and 2005 ROP milestone 
years. The target level calculations show, using a combination of VOC 
and NOX emission reductions, at least a 9 percent total 
reduction for all milestone years. Maryland has correctly calculated 
the 1999, 2002 and 2005 target levels for the Baltimore area following 
EPA's guidance and the approach outlined above.

                           Table 1.--Baltimore Area VOC Target Levels in Tons Per Day
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                                                                       1999            2002            2005
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1990 Base Year Inventory........................................         523.3           523.3           523.3
(Minus biogenic emissions)......................................       (-180.0)        (-180.0)        (-180.0)
1990 Rate of Progress Base Year Inventory.......................         343.3           343.3           343.3
(Minus non-creditable FMVCP/RVP)................................        (-44.5)         (-48.0)         (-49.2)
1990 Adjusted Base Year Inventory...............................         298.8           295.3           294.1
ROP Percentage Reduction........................................           *.15           *2.5            *3.5
ROP Emission Reductions.........................................            .45            7.38           10.29
Fleet Turnover Correction.......................................           0.0             3.5             1.2
Target Level from Previous Milestone Year.......................         253.3           252.85          241.97
(Minus Emission Reduction Requirement)..........................          (-.45)         (-7.38)        (-10.29)
(Minus Fleet Turnover Correction)...............................         (-0.0)          (-3.5)          (-1.2)
Target Level....................................................         252.85          241.97          230.48
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                           Table 2.--Baltimore Area NOX Target Levels in Tons Per Day
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                                                                       1999            2002            2005
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1990 Base Year Inventory........................................         467.9           467.9           467.9
(Minus non-creditable FMVCP/RVP)................................        (-32.3)         (-35.0)         (-35.4)
1990 Adjusted Base Year Inventory...............................         435.6           432.9           432.5
ROP Percentage Reduction........................................         * 8.85          * 6.5           * 5.5

[[Page 40950]]

 
ROP Emission Reductions.........................................          38.55           28.14           23.79
Fleet Turnover Correction.......................................          32.3             2.7             0.4
Target Level from Previous Milestone Year.......................         467.9           397.05          366.21
(Minus Emission Reduction Requirement)..........................        (-38.55)        (-28.14)        (-23.79)
(Minus Fleet Turnover Correction)...............................        (-32.3)          (-2.7)          (-0.4)
Target Level....................................................         397.05          366.21          342.02
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    (2) Growth Projections (1990-2005)--Rate-of-progress must be 
demonstrated net of all new emissions growth in the area. Therefore, 
states must include adequate emission reductions in their ROP plans to 
offset the emissions growth projected to occur after 1990. States 
account for growth by projecting their 1990 base year emission 
inventories to estimate emissions growth between 1990 and the 
attainment year. The projected inventories must reflect expected growth 
in activity, as well as regulatory actions which will affect emission 
levels. EPA guidance says that emission projections for point sources 
can be based upon information obtained directly from facilities and/or 
permit applications. Area and mobile source emission projections may be 
developed from information from local planning agencies. In the absence 
of source-specific data, credible growth factors must be developed from 
accurate forecasts of economic variables and the activities associated 
with the variables. The economic variables that may be used as 
indicators of activity growth are: Product output, value added, 
earnings, and employment. Population can also serve as a surrogate 
indicator. Mobile source emissions projections can be estimated using 
EPA's MOBILE5 emissions model.
    The methodologies used by Maryland to project emissions growth and 
EPA's evaluation are discussed in the technical support document (TSD) 
prepared in support of this rulemaking action. Maryland used 
appropriate methodologies to project emissions growth in all source 
categories. The projection year inventories for NOX and VOCs 
through the 2005 attainment year are shown in Tables 3 and 4 below. EPA 
has determined that these growth estimates are approvable.

                   Table 3.--Baltimore Projected (Uncontrolled) VOC Emissions in Tons Per Day
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                                                                1990 VOC     1999 VOC     2002 VOC     2005 VOC
                       Source category                          baseline    projected    projected    projected
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Point.......................................................         42.0         48.1         51.4         54.2
Mobile......................................................        134.2        108.7        105.3        106.1
Nonroad.....................................................         44.7         50.9        53.37        55.76
Area........................................................        122.4        128.7        130.5        132.2
                                                             ---------------------------------------------------
      Total.................................................        343.3        336.4       340.57       348.26
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                   Table 4.--Baltimore Projected (Uncontrolled) NOX Emissions in Tons Per Day
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                                                                1990 NOX     1999 NOX     2002 NOX     2005 NOX
                       Source Category                          baseline    projected    projected    projected
----------------------------------------------------------------------------------------------------------------
Point.......................................................        223.2        240.6        247.5        251.9
Mobile......................................................        159.5        157.1        169.6        173.8
Nonroad.....................................................         71.5         82.0        86.65        91.84
Area........................................................         13.7         14.8         15.1         15.4
                                                             ---------------------------------------------------
      Total.................................................        467.9       494.50       518.85       532.94
----------------------------------------------------------------------------------------------------------------

    (3) Evaluation of Emission Control Measures--The purpose of the ROP 
plan is to demonstrate how the state has reduced emissions 3 percent 
per year, grouped in three year intervals, through the area's 
attainment year. In general, reductions toward ROP requirements are 
creditable provided the control measures occurred after 1990 and are 
real, permanent, quantifiable, federally enforceable and they occurred 
by the applicable ROP milestone year. An evaluation of each of the 
control measures implemented by Maryland in the Baltimore nonattainment 
area can be found in the TSD prepared for this rulemaking. Table 5 
below provides a summary of the control measures used by Maryland to 
achieve ROP in the Baltimore nonattainment area. All control measures 
in the ROP demonstration have been adopted and implemented by the State 
of Maryland or are Federal measures being implemented nationally. All 
state control measures have been fully approved by EPA into the 
Maryland SIP and are permanent and enforceable. The mobile source 
control programs include the total amount of reductions associated with 
enhanced vehicle inspection and maintenance, Tier 1 motor vehicle 
emission standards, reformulated gasoline, the National Low Emissions 
Vehicle program, and highway heavy duty diesel engine standards. EPA's 
MOBILE5b emissions model was used to generate mobile source emission 
reductions.

[[Page 40951]]



                Table 5.--Summary of ROP Emission Control Measures for Baltimore in Tons Per Day
----------------------------------------------------------------------------------------------------------------
                                   1999 VOC     1999 NOX      2002 VOC     2002 NOX      2005 VOC     2005 NOX
        Control measure           reduction     reduction    reduction     reduction    reduction     reduction
----------------------------------------------------------------------------------------------------------------
Open Burning...................         2.91         0.61          2.91         0.61          2.91         0.61
AIM Coatings...................         5.49  ............         5.52  ............         5.55  ............
Consumer Products..............         2.72  ............         2.78  ............         2.83  ............
Autobody Refinishing...........         7.48  ............         7.79  ............         8.07  ............
Surface Cleaning/Degreasing....         5.79  ............         5.78  ............         5.76  ............
Landfills......................          0.1  ............         0.24  ............         0.27  ............
VOC RACT--Expandable                    0.09  ............         0.09  ............          .10  ............
 Polystyrene...................
VOC RACT--Yeast Facilities.....         0.75  ............         0.81  ............         0.87  ............
VOC RACT--Commercial Bakeries..         0.68  ............         0.71  ............         0.72  ............
VOC RACT--Screen Printing......         0.18  ............         0.19  ............          0.2  ............
Flexographic and Rotogravure            0.86  ............         0.88  ............          0.9  ............
 Printers......................
Lithographic Printers..........         2.46  ............         2.61  ............         2.66  ............
Federal Air Toxics.............          0.5  ............          0.5  ............          0.5  ............
State Air Toxics...............         0.88  ............         0.88  ............         0.96  ............
Enhanced Rule Compliance.......          4.7  ............          4.9  ............          5.1  ............
Nonroad Heavy Duty Diesel......  ...........          4.7   ...........        10.96   ...........        16.13
Nonroad Small Gas Engines......          6.1        (-0.3)         9.69       (-0.37)        17.51       (-0.45)
Marine Engine Standards........  ...........  ............         0.86       (-0.01)         1.79       (-0.07)
Locomotive Engine Standards....  ...........  ............  ...........         2.42   ...........          4.2
NOX RACT.......................  ...........         4.83   ...........         4.93   ...........         5.01
OTC NOX Budget Program and the   ...........         87.2   ...........       109.74   ...........        128.2
 NOX SIP Call..................
Gasoline Vapor Recovery........          8.1  ............          9.0  ............         10.0  ............
Mobile Source Control Programs.         33.8         32.8          51.2         56.7          57.4         69.5
                                --------------------------------------------------------------------------------
      Total....................         83.6        129.9         107.3       184.98         124.1        223.1
----------------------------------------------------------------------------------------------------------------

    (4) Summary of ROP Evaluation--Maryland's ROP demonstration for the 
Baltimore nonattainment area is summarized in tons per day in Table 6 
below. The table shows that the projected control strategy inventories 
are less than or equal to the target level established for each 
milestone year. Therefore, the ROP plans demonstrate that emissions 
have been reduced by a minimum of 9 percent, net of growth, for each 
milestone year.

                    Table 6.--Baltimore Nonattainment Area ROP Demonstration in Tons Per Day
----------------------------------------------------------------------------------------------------------------
                                      1999 VOC     1999 NOX     2002 VOC     2002 NOX     2005 VOC     2005 NOX
----------------------------------------------------------------------------------------------------------------
Projected Uncontrolled Emissions          336.4        494.5        340.6        518.9        348.3        532.9
 (includes growth) (refer to
 tables 3 and 4)..................
Reductions From Creditable                 83.6        129.9        107.3       184.98        124.1        223.1
 Emission Control Measures (refer
 to table 5)......................
Emissions Level Obtained                  252.8        364.6        233.3        333.9        224.2        309.8
 (uncontrolled emissions minus
 emission reductions).............
Projected Target Levels (refer to        252.85       397.05       241.97       366.21       230.48       342.02
 tables 1 and 2)..................
Surplus Emission Reductions                 .05        32.45         8.67        32.31         6.28        32.22
 (target levels minus emissions
 obtained)........................
----------------------------------------------------------------------------------------------------------------

B. Motor Vehicle Emissions Budgets

    Under EPA's transportation conformity rule, like an attainment 
plan, an ROP plan is referred to as a control strategy SIP (62 FR 
43779). A control strategy SIP identifies and establishes the MVEBs to 
which an area's transportation improvement program and long range 
transportation plan must conform. Conformity to a control strategy SIP 
means that transportation activities will not produce new air quality 
violations, worsen existing violations, or delay timely attainment of 
the national ambient air quality standard. Maryland is required to 
identify motor MVEBs for both NOX and VOCs in the Baltimore 
post 96 ROP plans for all milestone years. The budgets for the 
Baltimore area are shown in Table 7 below.

 Table 7.--ROP Motor Vehicle Emission Budgets for the Baltimore Area in
                              Tons Per Day
------------------------------------------------------------------------
                                                          VOC      NOX
------------------------------------------------------------------------
1999..................................................     69.8    115.7
2002..................................................     54.0    112.6
2005..................................................     48.6    104.1
------------------------------------------------------------------------

    As explained previously, EPA determined the 2002 and 2005 MVEBs 
identified and established in the December 21, 1999 submittal of the 
ROP plans and shown Table 7 above adequate for use in conformity 
determinations on February 15, 2000. That determination became 
effective on March 8, 2000 (see 65 FR 8701 published February 22, 
2000). However, as also explained previously, on June 19, 2001, EPA 
determined the revised 2005 MVEBs, identified and established in the 
December 28, 2000 submittal of the revised attainment demonstration 
plan for the Baltimore area, adequate for use in conformity 
determinations. That determination became effective on July 20, 2001 
(see 66 FR 35421 published July 5, 2001). Those 2005 attainment plan 
MVEBs budgets are 45.5 tons per day of VOC and 96.9 tons per day of 
NOX. These more restrictive MVEBs, established and 
identified in the December 28, 2000 revised attainment demonstration 
plan submitted by MDE, are the applicable MVEBs to be used in

[[Page 40952]]

transportation conformity demonstrations for the year 2005 for the 
Baltimore area.

C. Contingency Measures

    Section 172(c)(9) of the Act requires moderate and above ozone 
nonattainment areas to adopt contingency measures that would have to be 
implemented should the area fail to achieve ROP or to attain by its 
attainment date. In addition, section 182(c)(9) of the Act requires 
serious and above areas to adopt contingency measures which would be 
implemented if the area fails to meet any applicable milestone. EPA 
issued guidance that allows states to implement their contingency 
measures early, provided the measures are not needed now to demonstrate 
ROP. EPA does not believe it is logical to penalize areas that are 
taking extra steps to implement contingency measures early, nor should 
states be required to backfill for the early activation of contingency 
measures.
    In the Baltimore ROP plan, Maryland outlines its approach for using 
already implemented control measures for contingency purposes. The EPA 
encourages the early implementation of required control measures and of 
contingency measures as a means of guarding against failure to meet a 
milestone or to attain. Maryland has adopted more emission control 
programs than is necessary to demonstrate ROP in the Baltimore 
nonattainment area. These extra or ``surplus'' emission reductions are 
shown in Table 6 above. Maryland's plan for the Baltimore area shows an 
adequate amount of emission reductions have occurred beyond those 
required for ROP, and therefore, any surplus emission reductions can be 
considered as early implementation of contingency measures. Surplus 
emission reductions associated with control measures that are not 
required in the nonattainment area by the Act can be used for 
contingency purposes. Maryland has adopted several measures which are 
available for consideration as the early implementation of contingency 
measures, including controls on open burning, enhanced rule compliance, 
the National Low Emissions Vehicle program and the OTC NOX 
Budget program.
    Therefore, the requirements of the Act with regard to providing 
contingency measures should the area fail to achieve ROP, have been 
satisfied for the Baltimore area in accordance with EPA guidance.
    EPA's review of Maryland's SIP revisions indicates that the post 
1996 ROP requirements of the Act have been met for the Baltimore ozone 
nonattainment area. EPA is proposing to approve the post 1996 ROP plans 
for Baltimore for milestone years 1999, 2002 and 2005 that were 
submitted on December 24, 1997, as revised on April 24 and August 18, 
1998, December 21, 1999 and December 28, 2000. EPA is soliciting public 
comments on its proposal to approve these post 1996 ROP plans and the 
contingency measures as discussed in this document. Comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

IV. Proposed Action

    EPA is proposing to approve the post 1996 ROP plans for milestone 
years 1999, 2002 and 2005 for the Baltimore severe ozone nonattainment 
area submitted on December 24, 1997, as revised on April 24 and August 
18, 1998, December 21, 1999 and December 28, 2000. EPA is also 
proposing to approve the contingency plans for failure to meet ROP in 
the Baltimore nonattainment area, submitted in conjunction with the ROP 
demonstrations.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
This action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule to approve the post 1996 ROP plans for the 
Baltimore severe ozone nonattainment area does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

[[Page 40953]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 26, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-19563 Filed 8-3-01; 8:45 am]
BILLING CODE 6560-50-P